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1981 (9) TMI 306
... ... ... ... ..... ontract realises its manifest intention. The Division Bench pointed out It does not seem to be a correct principle of law that term as to payment of wages or increase in remuneration can be read into a contract of service as an implied term by reason of the conduct of the person after the contract of service has been entered into. The learned Judges observed ..... We find it difficult to appreciate how an implied term as to payment of incentive bonus over the fixed target figures can under general law or common law become ....... + More
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1981 (9) TMI 305
... ... ... ... ..... n he compel the Chief Minister to rebut the same. He cannot be allowed to escape himself and net the Chief Minister. Perhaps realizing this position, Mr. Mridul became lukewarm while arguing this point. In such a situation the creation of corporation at Muzaffarpur cannot be struck down on the ground of mala fides. 29. It would thus appear that all the points urged by the petitioners of both the applications to challenge the constitution of Muzaffarpur corporation (through a notification Annexure 1) have failed. If Annexur....... + More
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1981 (9) TMI 304
... ... ... ... ..... uld not entitle the accused-petitioners to be released on bail. The bail application of the accused-petitioners, Shriram and Bangali. cannot, therefore, be accepted. 23. Shri R.P. Goel, the learned Counsel for the petitioners, has, however, submitted that after the passing of the order dated June 10, 1981 by Additional Sessions Judge No. 1, Dholpur, dismissing the bail application of the accused-petitioners, certain further developments have taken place and that the accused-petitioners may be permitted to move a fresh bail....... + More
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1981 (9) TMI 303
... ... ... ... ..... or contempt of Court has been made out against Sri Krishna Singh. Let notice be issued to Sri Krishna Singh to appear in person on September 25, 1981 to show cause why he should not be punished for contempt of Court. 24. We also direct the Civil Judge to send an explanation as to why despite our clear orders, he did not proceed to deliver possession of the property to Harshankaranand from Sri Krishna Singh as also the circumstances under which he passed the extraordinary and palpably wrong order under Order XXI, Rule 29 of....... + More
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1981 (9) TMI 302
... ... ... ... ..... d storage of pious wishes. With the emergence of the General Insurance Corporation which has taken over general insurance business of all kinds, including motor vehicles insurance, it should be easy to give statutory recognition to the State's obligation to compensate victims of road-accidents promptly, adequately and without contest. 29. We are happy to note that the Gujarat High Court, by its judgment under appeal, took a just, correct and realistic view of the matter by holding that, under the statutory policy, the ....... + More
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1981 (9) TMI 301
... ... ... ... ..... not been able to point out any defect or to satisfy that determination of turnover is arbitrary It is true that final determination of bullion at ₹ 12,000/- was against the disclosed turnover and, therefore, it has to be done on the figure disclosed by assessee. But as regards oil the mere fact that units of electricity consumed in two years were not identical it did not debar the revising authority from determining turnover of the same figure in each year. 4. In the result the revision No. 127 of 1981 for assessment....... + More
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1981 (9) TMI 300
... ... ... ... ..... outside India has a definite connotation and a mere visitor cannot be taken to be a resident outside India. In this case, the department has not established that the slip which has been referred to in the statement, is from a specified person outside India. As a matter of fact, the Department is not able to name the person resident outside India from whom instructions had been received by Manickam Reddiar. In this view of the matter, it is not possible to say that the Department has established any nexus between the appell....... + More
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1981 (9) TMI 299
... ... ... ... ..... eral before the High Court, that by the expression cooperative societies hl the scheme, the Government intended and meant consumers' cooperative societies , and that if by mistake there was a wrong allotment made to a 'cooperative society' which was not a consumers' cooperative society', the Government would take steps to cancel the allotment. The constitutionality of the impugned scheme is also challenged as abridging Art. 19(1)(g) of the Constitution. The short answer to the challenge is that the sche....... + More
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1981 (9) TMI 298
... ... ... ... ..... ff was entitled to relief of permanent injunction. (22) The plaintiff has also claimed A decrees for rendition of accounts and an order for destruction of dies, blocks, labels, etc. There is no evidence that the defendant had any dies, transfer labels, etc., and Therefore no order for their destruction was required. (23) Account of profits is an equitable remedy and the Court) has discretion whether or not to grant it. There is no reasonable prospect that the inquiry will reach any positive result. In such circumstances I ....... + More
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1981 (9) TMI 297
... ... ... ... ..... 2) of the Employees Provident Fund Family Pension Act 1952. 8. Mr. De with much emphasis contends that assuming that these (sic) ments are correct even then it has not been said that the petitioners were in charge of the business or in over all control of the day to day business of the Company. These averments cannot make the petitioner vicariously liable for the offences alleged to have been committed by the Company simply because he is a Director. We accept the contention of Mr. De and relying on the decisions referred t....... + More
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1981 (9) TMI 296
... ... ... ... ..... in holding that there is no real conflict between the provisions of the New Code, particularly S. 27 thereof, and the provisions of the Bal Adhiniyam. In short, the provisions of the New Code clearly save any special or local law like the Bal Adhiniyam and S. 27 of the New Code is merely an enabling provision which does not express any contrary intention to undo the saving provided in S. 5 of the New Code. There being thus no conflict or repugnancy, the question of Art. 254 of the Constitution being attracted does not aris....... + More
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1981 (9) TMI 295
... ... ... ... ..... plication, the High Court has erroneously imported the rule of criminal jurisprudence that the guilt of an accused must be proved beyond reasonable doubt to the law of detention. The High Court in its writ jurisdiction under Article 226 of the Constitution is to see whether the order of detention has been passed on any materials before it. If it is found that the order has been based by the detaining authority on materials on record, then the Court cannot go further and examine whether the material was adequate or not, whi....... + More
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1981 (9) TMI 294
... ... ... ... ..... therefore, succeeds. The Judgment and order passed by the High Court are hereby set aside and the writ petition is dismissed. There will, however, be no order as to costs. Though this appeal succeeds, yet in our opinion, justice requires that the respondent Nivedita Jain who has already been admitted to the Medical College on the basis of interim order passed by the Court and has been prosecuting her studies should be allowed to continue her studies and to continue to be student of the Medical College where she is already ....... + More
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1981 (9) TMI 293
... ... ... ... ..... n to the post of STO Gr. III without passing the departmental examination, placed STIs from Bombay at a disadvantage. To ensure 'fair and equitable treatment', the State Government rightly dispensed with the requirement of passing the departmental examination in the case of STIs from the former State of Bombay. In the end, reverting back to the main question. On an overall view of things, we are satisfied that the State Government acted with the best of intentions. It endeavoured to strike a balance between the com....... + More
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1981 (9) TMI 292
... ... ... ... ..... e Government under s. 12 of the Act was without due application of mind. This is a serious infirmity in the case which makes the continued detention of the detenu illegal. We refrain from expressing any opinion on the other grounds raised. It appears to us prima facie that the grounds for detention set out the facts with sufficient degree of particularity and that they did furnish sufficient nexus for forming the subjective satisfaction of the detaining authority. It seems to us that the order of detention cannot also be c....... + More
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1981 (9) TMI 291
... ... ... ... ..... d. Accordingly, there is no warrant for adopting a construction that would, in reality, deprive the Central Government of the jurisdiction plainly vested and thus frustrate the obvious intent of the legislature. 12. The contention that the word or occurring between the words fine and penalty in sub-clause (c) of the proviso to Section 131B(2) was one of despair. It recalls to mind the celebrated observation of Lord Simon L.C., extracted in A.I.R. 1967 Goa 169 at 186-to the effect that and/or is a bastard conjunction which ....... + More
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1981 (9) TMI 290
... ... ... ... ..... her a producer nor a manufacturer he could not be held liable for any clearances of coffee made without payment of duty by a manufacturer. Furthermore, on a perusal of the records of the case, Government find that what was seized was roasted coffee and the onus of proving that it had been made out of non-duty paid raw coffee was on the Department and this onus has not been discharged by the Department. Government accordingly set aside the impugned order in appeal and allow the revision application.
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1981 (9) TMI 289
... ... ... ... ..... haser of the caprolactum and not the manufacturer. Government observe that in the second Appeal No. 189/71 in the case of Union of India and others vs. Silchar Electric Supply Co. Ltd. (1977 E.L.T. J 167) decided on 30-11-1973 the Gawahati High Court have held that a person who was not a manufacturer or purchaser and who had also not paid the excise duty directly is in no position to claim refund of excise duty. Government observe that the ratio of the aforesaid decision of Gawahati High Court is directly applicable to the....... + More
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1981 (9) TMI 288
... ... ... ... ..... 37; ad valorem on the tariff value. According to them technically value-wise the three master items are only subjected to duty and the remaining accessories are exempted from payment of central excise duty. Thus according to him the parts apart from projector head and sound head and arc lamp are mere accessories of the projector and projector is complete without them. Government however observe that a combination of projector head, sound head and arc lamp is not capable of being used as a projector and the other item which....... + More
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1981 (9) TMI 287
... ... ... ... ..... by rolling from pre-heated wire bars are known as Hot Rolled Rods and the rods manufactured by Properzi Process are known as Cast Wire Rods of Properzi Rods . Government of India, however, observe that sub-item (a) (ii) of Item 27 of the Central Excise Tariff incudes wire bars, wire rods and.castings as three distinct products. Hence, manufacture of wire rods from wire bars amounts to manufacture within the meaning of Section 2(f) of the Central Excise and Salt Act, 1944, the term Wire Rods in the Tariff is not qualified b....... + More
